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50 Cards in this Set

The power of a court to declare acts of governmental bodies contrary to the constitution null and void.

writs of mandamus

A court order directing a government official to perform a nondiscretionary act.

in forma pauperis

Literally, "in the manner of a pauper," Requesting permission of the court for a poor person to seek judicial relief without having to pay the usual court fees.

original itention

The doctrine that holds that judges should interpret the constituion in accordance with the intent of the Framers.

interpretivism

The doctrine that judges should decide new constitutional issues in light of the underlying constitutional principles, as well as the literal meaning of the written provisions.

noninterpretivism

The doctrine that the Constitution should be interpreted accoriding to evolving standards of decency and justice and not frozen in time or meaning.

separation of powers

The constitutional arrangement whereby legislative, executive, and judicial powers are exercised by three separate and distinct branches of governnment.

legislative veto

Action by one or both houses of congress that nullifies an executive proposal.

delegation

In administrative law, the theory that allows a legislative body to delegate its lawmaking power to administrative agencies.

executive privilege

The doctrine that permits the president to withold information sought by Congress or the courts.

subpoena duces tecum

An order from a court directing a person to appear before teh court with specified documents that the court deems relevant in a matter pending before the court.

Line Item Veto Act

Act allowing the president to veto sepcific appropriations contained in a bill without affecting the remaining sections.

due proceess of law

A term used in the Fifth and Fourteenth Amendments to refer to the process that is due before government may deprive a person of life, liberty, or property.

procedural due process of law

A theory of due process that stresses "by-the-book" adherence to predetermined rules of behavior that government must observe.

substantive due process of law

A theory of due process that emphasizes judging the content of a law by a subjective standard of fundamental fairness.

incorporation

The theory that the Bill of Rights has been incorporated or absorbed into the due process clause of the Fourteenth Amendment, thereby making it applicable to the states.

total incorporation

The doctrine that all of the federal Bill of Rights should be absorbed into the due process clause of the Fourteenth Amendment and made applicable to the states.

selective incorporation

The doctrine that only those parts of the Bill of Rights deemed "fundamental" are incorporated into the Due Process Clause of the Fourteenth Amendment.

suspect classifications

Classification of persons, such as by race, to which the Supreme Court applies strict judicial scrutiny and for which government must offer compelling reasons to justify its use.

prior restraint

The censoring of material by the government before it is published rather than penalizing the publihser after publication

delegation

In administrative law, the theory that allows a legislative body to delegate its lawmaking power to administrative agencies.

Delegatus non potest delegare

Literally, "a delegate cannot delegate." A person who has been empowered by another to do something may not redelegate that power to another.

ultra vires

Literally, "beyond the powers of." In administrative law, the doctirne that an administrative agency has exercised powers beyond those delegated to it by a legislative body.

rulemaking

THe power of an administrative agency to promulgate rules and regulations concerning matters that fall within its jurisdictions. Rules promulgated by administrative agencies have the force of law.

rule enforcement

The power of an administrative agency to enforce rules promulgated by the agency under its rule-making authority.

adjudication

The resolution or settlement of a dispute between two parties by a third party.

exhaustion of administrative remedies doctrine

In administrative law, the doctirne that requires persons aggrieved to avail themseleves of all administrrative remedies before seeking judicial relief.

primary jurisdiction doctrine

In administrative law, the doctrine that requires litigatns to take a dispute to the administrative agency with primary responsibility for handling the dispute before seeking judicial relief.

substantial evidence rule

Rule that says a finding of fact by an administrative agency is to be final if there is substantial evidence to support the agency's conclusion.

malum in se

Literally, "wrong in itself." In criminal law, something that is made illegal because it is inherently wrong.

malum prohibitum

In criminal law, something, such as gambling, amde illegal because government has deemed it undesireable, thereby prohibiting it.

actus reus

The "guilty act"; the forbidden act or omissio that is an element of a crime.

crimes of omission

criminally liable because of failure to act.

crimes of commission

criminally liable because of actions made.

mens rea

Literally, "the guilty mind." The wrongful purpose that is an element of a crime.

specific intent

The requisite intent that must be proved as an element of some crimes such as killing another "with malice aforethought."

general intent

In criminal law, a general showing that the prohibited act was performed voluntarily, whether or not the person meant to do it.

scienter

An element of a crime that requires knowledge or awareness that a particular act is illegal.

causation

To bring about an event or to make it happen.

direct causation

The causing or bringing about of an effect without the interference of an intervening variable or factor.

proximate cause

The theory that the injury sustained by the plaintiff and the defendat's action were so closely connected that the defendat's act caused the injury and there were no intervening causes.

culpability

In law, a person who is blameworthy or responsibile in whole or in part for the commission of a crime or injury.

preponderance-of-evidence

In civil law, the standard of proof required to prevail at trial. To win, a plaintiff must show that the greater weight, or .......... supports his or her version of the facts.

beyond a reasonable doubt

The burden of proof in criminal cases. .......... esentiall means that all possible alternative explanations for what happened have been considered and rejected except one-the one that concludes that the accused commmitted the crime for which he is charged.

contraband

Something the governemtn has forbidden to be in a person's posession, such as illegal drugs, explosives, or obscene materials.

fruits of crime

Include stolen goods or money.

instrumentalities of the crime

Tools or weapons used in the commission of a crime.

The exclusionary rule

A judicially created rule that holds that evidence obtained through violations of the constitutional rights of the criminal defendant must be excluded fromt he trial.

suspended sentence

Punishment for a crime in which either the determination of guilt or the sentence is held in abeyance for good behavior and probable completion of certain court-imposed obligatiosn.

probation

Punishment for a crime that allows the offender to remain in the community without incarceration but subject to certain court-established conditions.